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posted by martyb on Monday December 31 2018, @03:50PM   Printer-friendly
from the should-have-done-this-years-ago? dept.

Chinese draft law would prevent forced technology transfers:

A draft law aiming at protecting foreign investment and preventing the forced transfer of technology has been submitted for review at a Chinese legislators' meeting starting Sunday, People's Daily reported.

The country will protect the intellectual property rights of overseas investors, encourage voluntary technology transfers but forbid forced transfers using administrative measures, Minister of Justice Fu Zhenghua told lawmakers, according to the newspaper.

Also at CNBC, Reuters, Nikkei Asian Review, and Engadget.


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  • (Score: 4, Insightful) by Kilo110 on Monday December 31 2018, @04:39PM (7 children)

    by Kilo110 (2853) on Monday December 31 2018, @04:39PM (#780298)

    Chinese will just steal the IP. Either by hacking or reverse engineering.

    This law is just paper, won't change a thing until their society learns to respect foreign IP. Which will *never* happen.

    • (Score: 2) by legont on Monday December 31 2018, @05:00PM (5 children)

      by legont (4179) on Monday December 31 2018, @05:00PM (#780305)

      The US, on the other hand, will continue to "steal" Chinese engineers, scientists, bright students and folks with capital.

      --
      "Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
      • (Score: 2, Insightful) by Anonymous Coward on Monday December 31 2018, @05:29PM

        by Anonymous Coward on Monday December 31 2018, @05:29PM (#780314)

        Chinese engineers, scientists, bright students and folks with capital

        aka spies for China

      • (Score: 3, Informative) by Sulla on Monday December 31 2018, @05:52PM (3 children)

        by Sulla (5173) on Monday December 31 2018, @05:52PM (#780320) Journal

        I had a statistics professor who came to the US for education and then stayed to teach. He said that if China wanted its students to come home maybe China shouldn't be totalitarian. He lamented that he would never be able to see his parents again because they were too poor to visit him and if he flew home he would be vanned by the government and not allowed to return. Said he often got notifications from the government reminding him how long it had been since he had seen his family and how he should put all else aside and come home to see them.

        China wants educated students, the problem is that education makes you not like tyranny. When I was attending university I often ran into immigrants from China/SE Asia/ME who appreciated the freedoms provided in the US and thought much higher of the US than people here in America do.

        --
        Ceterum censeo Sinae esse delendam
        • (Score: 0) by Anonymous Coward on Monday December 31 2018, @06:50PM

          by Anonymous Coward on Monday December 31 2018, @06:50PM (#780350)

          Quite a few find their morals are elastic, when China offers large amounts of funding and academic freedom. I wonder whether he has considered cracking open his wallet to bring his parents over...?

          if he flew home he would be vanned by the government

          Jeez, what did he do to warrant a free van ride [wikipedia.org] from the government?

        • (Score: 0) by Anonymous Coward on Monday December 31 2018, @07:06PM (1 child)

          by Anonymous Coward on Monday December 31 2018, @07:06PM (#780356)

          Don't kid yourself, Chinese students stay for one reason, they can make more money staying. Many returned to China during the US 2008 economic downturn because the prospects looked better there.

          • (Score: 2) by legont on Tuesday January 01 2019, @06:33AM

            by legont (4179) on Tuesday January 01 2019, @06:33AM (#780561)

            Sure, and American companies can make more money by transferring technology to China; "native" Americans be damned.

            --
            "Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
    • (Score: 2) by RamiK on Monday December 31 2018, @11:04PM

      by RamiK (1813) on Monday December 31 2018, @11:04PM (#780419)

      While they won't steal the IP, I agree it doesn't matter and they'll definitely find a way to make sure the IPs are transferred and won't let foreign investors use local sock puppets to hold the patents for them.

      Last time we've ran the ball around I think progressive taxation on licensing was the best guess? Right now I'm thinking something like a property insurance but for IP. That is, the more value it has, the higher is the premium. And the premium will reflect the risk for the insurers so foreigners that can just ran away and avoid extradition for not paying a local tax would naturally incur huge risks...

      Yeah. Something like that would work nicely.

      --
      compiling...
  • (Score: 0) by Anonymous Coward on Monday December 31 2018, @08:19PM (1 child)

    by Anonymous Coward on Monday December 31 2018, @08:19PM (#780376)

    but the culture does not appear to see any wrong here.

    • (Score: 2) by deimtee on Tuesday January 01 2019, @01:11AM

      by deimtee (3272) on Tuesday January 01 2019, @01:11AM (#780468) Journal

      I don't entirely disagree with them. The stated purposes of IP laws are laudable, but in reality they are mainly used by rent-seeking third parties, and to suppress innovation and stifle competition.

      How about this as a thought experiment. As they are government business, all patent license deals must be public, solely monetary, and per unit.
      Anyone can then purchase that license at that rate for whatever quantity they want to manufacture. No cross licensing, no exclusive deals.
      Immediate termination of any patent (and parent/child patents) where a patent holder is found to have breeched these terms.

      --
      200 million years is actually quite a long time.
  • (Score: 4, Informative) by c0lo on Monday December 31 2018, @09:17PM

    by c0lo (156) Subscriber Badge on Monday December 31 2018, @09:17PM (#780388) Journal

    China may have gotten to the point the technology gap is small enough to be able to continue on its own.
    If it takes the lead in technology in the near future, IP protection serves them better.

    --
    https://www.youtube.com/@ProfSteveKeen https://soylentnews.org/~MichaelDavidCrawford
  • (Score: 0) by Anonymous Coward on Tuesday January 01 2019, @05:28AM (1 child)

    by Anonymous Coward on Tuesday January 01 2019, @05:28AM (#780555)

    They will just be uh... 'voluntary'...so to speak

    Like, 'you wouldn't want anything happen to that business opportunity..it would be a shame if your products just rusted on the docks waiting for customs approval... it would be terrible if your distribution center continued to fail to pass 'inspection' and could not accept any shipments.. ;-) nudge nudge wink wink ;-)

    • (Score: 2) by exaeta on Wednesday January 02 2019, @12:04AM

      by exaeta (6957) on Wednesday January 02 2019, @12:04AM (#780792) Homepage Journal
      I think voluntary here means that it will be encouraging open source, the model shenzhen thrives on. The carve out is to avoid making GPL "forced transfers" illegal. The U.S.'s real goal in attacking china is to stomp out open source which threatens the elite's wealth.
      --
      The Government is a Bird
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